CHIOMA EGONDU NWOSU-IHEME (Ph. D). J.C.A (Delivering the leading Judgment): The facts of this appeal are short and straightforward. The Appellant was a tenant of the Respondent in the latter's premises situate at Ugo in Orhionmwon Local Government Area of Edo State. The tenancy agreement provided in its paragraph 9 an arbitration clause. Following certain disagreement between the parties, the cute Respondent commenced proceedings at the Abudu Judicial Division of Edo State High Court and filed his Statement of Claim. Upon service of the Writ of Summons and the Statement of Claim on it, the Appellant entered a conditional appearance and thereafter brought an application for stay of proceedings pending arbitration. The Respondent filed a counter-affidavit.
The application for stay came before Edokpayi J (as he then was) who, after hearing arguments thereon struck out the application in his ruling. The present appeal which is founded on four Grounds of Appeal is against that ruling. The …